Recently, the so called «Peppa Pig» decision has obtained a great resonance, where a regional economic court refused to satisfy the claims of a «Peppa Pig» copyright owner referring to the fact that, since the Plaintiff originates from a country committing unfriendly actions towards Russia, his filing a suit against a Russian company is considered an abuse of right.
This decision was reversed by the Court of Appeal on June 27, 2022, which issued a new judicial act by which the claims were satisfied (in part).
The Appeal Court specifically stressed that due to part 2 of Article 8 of the Constitution of the Russian Federation, individuals and organizations are equally guaranteed the protection of all forms of property on the territory of the Russian Federation, including intellectual property.
On the basis of paragraph 1 of Article 7 of the Civil Code of the Russian Federation, generally recognized principles and norms of international law and international treaties of the Russian Federation are, in accordance with the Constitution of the Russian Federation, an integral part of the legal system of the Russian Federation.
Thus, equal protection of intellectual property of foreign organizations, including those registered in the UK, is guaranteed on the territory of the Russian Federation.
Consequently, the filing of a claim itself cannot be recognized as an unfair action in relation to Article 10 of the Civil Code of the Russian Federation.
The reasons given in the decision of the court of the first instance for which the court refused to satisfy the claim are not based on the correct application of the norms of substantive law.